Delay condonation
Niny
(Querist) 02 April 2012
This query is : Resolved
I filed my WS after 45 days of receiving notice.As it is after 30 days, I was asked to Apply for Grant of Delay Condonation in Small cause court, Mumbai.
So I applied for Delay Condonation.
I am tenant
Noe Opp Party receive the WS, but Judge asked to file Say on my Delay Condonation Application, which opposite side avoided to file say for lat 4 dates. Meanwhile 90 days will get over.
I filed my Delay Condonation Application without V/F or Supporting Affidavit, as I was told at evening, and I was not having time to do such formality. .
Is it compulsory to file Delay Cond Application with VF and Supporting Affidavit.
Can court otherwise reject the Application??
Should I apply again with proper Aff+vf.
I already verified WS , and submitted earlier.It is pending exhibited.
Pl guide me.
Raj Kumar Makkad
(Expert) 02 April 2012
As the written statement has already been filed with your application seeking condonation of delay without supporting affidavit, the copies of which has been supplied to the plaintiff/petitioner now you need not worry because the law in this regard is very liberal and non reply to your application shall not affect your legal rights and your written statement shall be treated as filed on 45th day.
Niny
(Querist) 02 April 2012
Raj Kumar Makkad Sir,
Thank you,
Is it Delay , even though i filed before 30 days?? Is Delay condonation Application is same for over 30 days and over 90 days?? Pl guide.
Nadeem Qureshi
(Expert) 03 April 2012
Dear Niny
I also agree with Mr. Makkad
Raj Kumar Makkad
(Expert) 03 April 2012
There is not need to file delay condonation application in case written statement is filed within 30 days of the notice to the defendant/respondent and application seeking condonation of delay may be prescribed for the period thereafter though law is vey liberal in this aspect.
Although in view of the terminologies used therein the period of 90 days
prescribed for filing the written statement appears to be a mandatory provision,
this Court in Kailash upon taking into consideration the fact that in a given case
the defendants may face extreme hardship in not being able to defend the suit
only because he had not filed written statement within a period of 90 days,
opined that the said provision was directory in nature. However, while so
holding this Court in no uncertain terms stated that the defendants may be
permitted to file written statement after the expiry of period of 90 days only in
exceptional situation.
V R SHROFF
(Expert) 03 April 2012
as Application on record , it will be taken into consideration, and Delay will be condoned.
Next time be careful, not to giver chance to opp Adv.
File in 30 days, or apply to grant time to file later, for want of inspection of Ori Document.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 03 April 2012
Normally till ninety days courts allow the WS, and even after that at the most costs are imposed.
In many cases now SC has given ruling that even delayed WS should be allowed so that case can be decided on merits.
V R SHROFF
(Expert) 03 April 2012
Few Court accept as it is, Few courts demand complete formality of Application, reasons for delay, verification, Affidavit in support of Application etc.
Few courts are very liberal for few months of delay, and some courts do not allow a day's delay without formal procedure, asking Say of Opposite Party/ Petitioner or Plaintiff.
I had a case where Respondent Wife filed WS after 1 1/2 year, and without formality, Court allowed it, even without asking Say of Petitioner husband in Divorce case.
It differ from court to court.and case to case.
